good evening. i'm dan ashley. two developments involving the bay area nursing home where patients were abandoned and left in deplorable conditions. the fbi is involved and a man is

missing from the nursing home. laura anthony is chasing the story. >> mr. baskin has been a missing person many times in the past. >> reporter: the county sheriff say a resident apparently walked away from a nursing home october 25th, that's one day after it was ordered closed by the state. the missing man is 65-year-old baskin, a resident of the valley springs man nor nursing home. >> just because it's mr. brbask don't believe his at risk. >> reporter: sheriffs say the fbi is growing the number of agencies. the state ordered the facility closed last thursday but 14 elderly patients were left inside for three days after that under the care of just two staff members. including cook maurice roland.

>> we need a little more help than we had. >> reporter: he and another employee stayed on straight through for three days, even though they knew they wouldn't be paid. >> i can't see myself leaving the residents. i couldn't do that. maybe they would have try to cook for themselves and burn the place up. i can't have that on my conscious. >> nobody contacted us. >> reporter: gary wood returned to valley springs to move out his wife's belongings. >> i don't understand why it wasn't notified and if there was this problems, i think they would tell me. >> reporter: senior advocates say much of the blame for what went wrong falls on the state's social services department. >> they are the ones thattished the closure and are supposed to work with local agencies and they didn't. >> reporter: a spokesperson for the state admitted today his

department did not follow its own procedures for transferring patients from valley spring and an attorney for own eer hilda manuel maintains residents were not abandoned and staffing was adequate to meet the needs. police confirm what witnesses told abc 7 news a week ago that a sheriff's deputy shot and killed a 13-year-old boy moments after he arrived at the scene. the victim, 13-year-old lopez was holding what turned out to be an air soft gun designed to look like an ak-47. they say it happened so quickly the deputy fired seven shots before the second deputy who was driving could even get out of the patrol car. >> by the time he exited the car and took a position of cover behind his opened door and by the time he was capable of engaging the subject with his weapon, that the threat no lo

longer existed. >> all of that happening in ten seconds. deputy eric gilhouse doesn't remember if he identified himself before opening fire but we're told he isn't required. four-car crash happened in the richmond neighborhood. police say the driver of the stolen vehicle, the cash left that lexus suv flipped over on the roof. two other cars damaged. >> i noticed this lexus suv blast through the intersection through the red light and contacted. it ended up in the air and barrel rolled and landed on the roof. >> scary. officials say the victims' injuries are non-life threatening. one heard silence but san francisco police say there was no chase of any kind. a body has been found in the area where crews have been searching for a missing san jose man.

65-year-old walter stefer was not seen since last week when he went mining in the sierra. the search started monday. a body was found 15 00 felt from his vehicle. sheriffs official say there is no obvious cause of death. a positive identification is pending but it could be the missing man. aldon smith is out on bail after turning himself in to face felony weapons charges. he was released on $75,000 bail after surrendering. the charges came after illega y assault weapons were found and investigators were investigating a stabbing. he was on leave after an accident and dui arrest last month and expected back in court in november. late today a jury convicted a teenager of attempted murder

and stealing the lamborghini of guy fiarri. the jury decided 19-year-old max wade stole the $200,000 car in 2011 to impress a girl. he himself testified on pomonda as we reported, he could face 30 years in prison when sentenced in december. while students at a san jose school got a tough lesson on crime over the weekend a thief broke into the technology room and made off with 31 new ipads and charging stations. it's hard because the school held fundraising events for two years to buy the stuff. many families don't have computers at home. >> i feel terrible because we spent last year fundraising for it. >> it's really dif staevastatin

the entire community that we lost -- it a huge amount of money. >> it really is. the laptops and ipads are valued at $70,000. that's not enough to meet the school's insurance deductible. the school is left with 30 ipads and 60 laptops for 550 students. janet napolitano is making waves at president of the university of california system. she announced she will immediately allocate a total of $15 million in state funds to support undocumented students post doctor fellows and grad students. protesters challenged her on the issue of immigration when she spoke at a high school in oakland. jonathan bloom was there. >> let's give a big bulldog welcome to president janet that pal tan know.

>> reporter: she has a message for students, college is within reach. >> if your family makes less than $80,000 a year, you pay no tuition at the university at california, not a single dollar. >> reporter: here at oakland technical high school many college bound students will need financial help. 83% of students graduate, 5% higher than the average. she hopes more will stay in school if they know it will get some somewhere. >> think about your passion, your own choices, your pathway up the hill from today. >> reporter: as that she was speaking, there was protesters. a small group of mainly uc students point to record numbers of immigration arepss and deportations while she was head of homeland security. >> she attacked oakland and

we're saying she's not welcome. >> reporter: some worry she would bring heavy-handed immigration policy to campuses. >> high school students are thinking of not applying to the uc schools just because she is there because they are undocumented or families are undocumented. >> education not deportation. >> reporter: when we porters asked about concerns, napolitano responded. >> we'll do all for first generations students, whether documented, undocumented that's ever been done and looking for ways to do that and i would say watch what i do, don't rely on rumors from the past. >> reporter: napolitano plans to visits other schools. coming up next, here is one you don't want to miss, the death defying of linemen. how is this for a way to get to work? back where they belong.

where these massive excavators showed up. i'm here with the accuweather forecast center and i'll let you know whether halloween weather will be a trick or treat. stay tuned. and dance moves banned. the high school that

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in nevada watch for overnight road work north and south pound between state park and check in with me weekday mornings. sell brcelebrating in bosto is a picture where red sox fans are celebrating the big win in the world series over the cardinals four games to two. they won the final game 6-1. it's the third championship in ten years for the red sox. pretty good game tonight and series, as well. larry biel will have highlights later on in the sports segment. boston red sox win the 2013 world series. drivers may have thought they witness add super hero today. check this out. sky seven hd caught up with

them. it was a pg and e worker lifted to the top of a tower in the middle of san francisco bay. several transmission lines went alongside the bridge and pg and e says the work is part of a 10 million dollar project to upgrade work. the utility is using helicopters to avoid closing lanes during the process. the work will continue through the end of this year but how many times have you been stuck on traffic in the bridges and wished somebody could pluck you away like that and take you to your destination? two massive pieces of construction equipment turned up following a theft we first reported at 11:00. the excavators were taken from a job site in clayton and found last night near biron. believe it or not, this crime is part of a costly trend. abc 7 wayne freed man has the story. >> reporter: it is not exactly the kind of item you stick into a hip pocket and walk away with,

a 20,000 pound caterpillar extra va tore and two disappointed last week much to the surprise of project manager manuel ortega. >> they were sitting across the road over there on the shoulder. they had actually tracked both of them out about 100 yards on the road it self-and load them on a trailer. >> reporter: it the latest trend in thievery, heavy equipment. ten such heists this year alone. the dmv does not register such equipment making it more difficult to track. >> they could actually, the extra va tore put it on craigslist and somebody can unwittingly purchase the equipment not realizing it's stolen. >> reporter: last night an arrest, the chp took 47-year-old nickelous in custody and returned the excavators to the

rightful owners. they were mostly in tact. you see this green stripe? there is more than one on every piece of equipment. the thief or thieves pulled them off. >> we're still missing two light towers and we're missing a bucket and our rock wheel. >> reporter: do you have hope on getting them back? >> i hope so. the rock well is expensive. >> reporter: she spoke for the company and said for people to learn about the thefts on the news, the equipment might still be missing. it remains an active inveps gages, hence, hush hush. >> we're concerned there may be more equipment stolen on other properties, so we don't want to disclose all the information. >> reporter: and with it, a new definition for highway robbery. in oakland, wayne freed man. a man ticketed a woman for wearing google glass.

it disscribes it driving with monitor to visible driver with the specs. a state ordinance bans monitors in a driver's field of vision but without a court ruling not clear whether this law applies to google glass but we shall soon find out as more and more people try to wear them. a california high school banned twerking at the school dances. students at the high were mostly split on the twerking crack down. some agreed it would be out of place at school. >> plenty of music and stuff to do, you don't need to add the sexual thing in there. >> twerking isn't appropriate for high school students and nobody is going to do it. >> it's not bad. it's like a dance and everyone does it. >> it just a dance like everything else like michael jackson did his thing and elvis. we should be able to do our thing. >> the first true test of the

rules came over the weekend at the school's homecoming danlts chl the principal would not comment but students say the moves do not entirely disappear. there was some unauthorized twerking. tomorrow night you and your k kids are likely the g trick or treating. they recommend trick or treating in familiar neighborhoods and carry a flashlight with frsh batteries or a glow stick and stop only at houses with lights in and don't let your kids g into a stranger's house for any reason at all and don't take shortcuts and put reflective tape on your kids' costumes and don't take anything that could be mistaken for a real firearm and don't let your children eat candy until you inspect it and police are ughing motorists to not drink and drive. no texting and driving and

that's especially true over residential areas and protect kids having fun there and you don't want that marched by a mistake. >> be safe and have fun. >> have fun. >> you should have fun because spencer says the weather should be nice. >> it will be great weather tomorrow and into the evening hours. cool, of course, after the sun goes down. >> i got my vacuum cleaners ready to go. >> you're ready for trick or twerking. clear skies across the bay area, all across the bay area now, a lovely cool evening. a crisp one. a live view from the rooftop camera, temperature readings 54 in san francisco and 52 in oakland and 50s everywhere, san carlos and the golden gate bridge and temperature readings around the bay area 49 santa rosa and you can see the north bay is really cooling down. that will be the chilliest region. mid 50s at fairfield, concord

and liver more and a live view from the east bay clear skies there and the forecast will be clear and chilly in some spots. sunny and warm in the next few days and weather will be a halloween treat for halloween tomorrow. satellite shows that low pressure system and stormy weather sunday, monday moving well inland away from cam cal a quiet pattern settling into the bay area with us for awhile so tomorrow, halloween, we can expect sunny skies and mild to warm conditions and there will be happy goeses and goblins around, no doubt. now here is your trick or treat forecast for tomorrow afternoon and evening. late afternoon it will be still warm up to 70 degrees at 4:00 p.m. with sunny skies and 6:00 before sunset sunny and temperatures in the 60s and after dark about 8:00 p.m. or so chilly and a little spooky outside at that hour but nice for trick or treating.

overnight tonight, clear skies and chilly with lows dropping into the mid to upper 30s and low to mid 40s over most of the remainder of the bay area and tomorrow, halloween, sunny and mild and high temperatures in the low to mid 70s. 74 in morgan hill and the peninsula from 69 no san mateo and 6 in pacific. up in the north -- up in and around san francisco i should say 66 downtown and 67 in south san francisco and 63 in the sunset district. off in the north bay on the coast, low to mid 60s from the bay to stenson beach and north bay 7 3 san to rosa and napa and east bay high 69 and 73 castro valley and 72 and inland east bay will be nice and mild as well and a little spooky there with highs ranging from low to mid 70s. here is the accuweather seven-day forecast. mostly ghostly tomorrow and

milder on friday with highs in the mid 70s inland and around the bay. mid 60s on the coast. mild over the weekend but slightly cooler and don't forget to set your clocks back over the weekend as we fall back to standard time. great seven days ahead. >> looks nice. >> thank you spencer. still to come on abc 7 news at 9:00 a bracelet that

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conditioner obsolete. it could send pulses of hot and cold to the skin. the students figure it's not how hot or cold we are but think we are and if you put something cold on the body at a constant temperature the body will adjust and perceive it cold. perhaps you've done that with a soda can. she's the american doll and a group of artist proves that you're never too old to play with barbie. she had more than 130 careers to date including astronaut, tennis star, police officer, cowgirl, but you never seen her quite like this. the 11th annual altered barbie exhibition opened in san francisco. dozens of artists transformed that plastic icon into unique art reflecting our current

society. >> relates to all cultures, she relates to all economics and she -- and it fun to play with her, so basically, it results playing with barbie and turning her into art. >> altered barbie vents continue through november 17th. blasted with criticism over the health care website fiasco. >> if you're wrong -- >> if you have -- >> will you go into the exchanges? if you can will you? >> that's part on fwrgrilling gn as congress fact gurs out who broke it. the hero bus driver who did the right thing. when you thug

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now to a political storm in washington, the woman in charge of president obama's troubled health care reform program ckat lean sebelius fielded tough questions and apologized for the launch she called a debacle. jim avala was there for the fir works. >> reporter: official finger day on capitol hill producing a whatever moment from the woman on capitol hill. >> so you're saying the president is not responsible for hhs? >> sir s i didn't say that. >> it is the president's ultimate responsibility, correct? >> whatever, he's the president. he is responsible. >> reporter: in boston this afternoon, the president actually agreed. >> and i take full responsibility for making sure it gets fixed asap. >> reporter: at the often route

grand stand of a 3.5 hour circus. >> who was in charge? >> amazon would never do this. >> reporter: secretary sebelius is cut muttering as republicans trash the affordable care act from website to mandate with a rowdy argument whether the secretary should drop government insurance and buy from the marketplace like millions of others. but there was a full floated sorry to the american people. >> you deserve better. i apologize. >> reporter: the website crashing again in all the gory today as the creator spoke. >> the website as never crashed. it is functional but at a very slow speed and very low reliability. >> reporter: huh? never crashed, really. >> let's put the screen shot up. >> reporter: the house grilled the secretary about this memo

the month before launch that warns not enough time in schedule to conduct adequate performance testing. >> none of them advised a delay. no one indicated that this could possibly go this wrong. >> reporter: the president tweaked his promise. you remember if you like your insurance, you can keep your insuran insurance? that changed to the vast majority that have insurance that works can keep their insurance. for the rest of those that got cancellations notices, the president says they will get insurance and a better deal. jim avala, abc news, the white house. a bay area company is offering a solution. e health.com has been a broker for 15 years. the ceo offered to take over the website and help users from getting the frustrating error messages. >> we would direct people to e

heal health insurance and view the plans and send the applications back to the federal government to be finalized. e health is lobbying officials in california to let it sign upstate residents needing subsidized plans. right now only the covered california website offers the discounted plans. "the washington post" reports tonight that two major silicon agencies were hacked. the nsa secretly broke into the main communications links that connect data centers around the world belonging to google and yahoo. it sites documents leaked by edward snowden and says the government intercepted more than 180 million records over the span of 30 days collecting e-mail, video and more before items had been sent and before they arrived to the destination. google was unaware this was happening and yahoo said it has not given the government access

to the data centers. there is a new layer of mystery surrounding the four-story structure on a barge at treasure island. the coast guard says it visited the barge but can't talk about it for legal reasons. a spokesman for the coast guard did not reveal at least one employee signed a non-disclosure agreement with google and once it completed, whatever it is, the coast guard would release information about it. there is speculation that google is building a floating data center powered by ocean waves. google received a patent for that concept in 2009. we're all waiting for more. facebook blew past expectations with a 60% increase in revenue but the company admitted it losing the youngest users. during the conference call the company said teenagers are getting board. overall the company took in more than $2 billion last quarter. smart phone and tablet users account for half the revenue.

a group of people who write reviews for yelp are demanding they get paid for posting opinions. they are technically unpaid employees who deserve money for their work. it was filed by four yelp reviewers that wrote thousands of reviews. no reaction from the company but posting your opinion on yelp is completely voluntary. a bus driver doing his rounds on an ordinary day when he sees something others chose to miss and does exactly the right thing. it was all caught on tape and lindsey davis has his story. >> reporter: call it a real life instance of what would you do. watch as surveillance video captures the moment darnell spots a woman standingen a narrow ledge on the other side of the guard rail, apparently contemplating jumping on to a local expressway below. this man walks right by.

this biker keeps peddling but barton pulls over and stops the bus. >> ms., you all right? >> reporter: the woman turns to look but doesn't respond and he goes to her. >> i basically told her there is nothing that serious. where she was was a dangerous place. >> reporter: barten literally talks her off the ledge putting his arm around her and helping her climb back over the guard rail and sits down with her and just talks. >> i gave her some encouraging words. i grew up in the church. so i kind of in the background heard my mom's voice. >> reporter: when he gets back on the bus, the passengers, mostly high school students give him a round of applause. >> be ready in season and out of season. be ready. if you got time to do anything, you got time to do the right thing. >> reporter: his co-workers call him big country but across this big country tonight, it's his big heart you'll all remember. lindsey davis, abc news new york. what a good guy.

7 on your side's michael fin knee is next with a look at electron

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welcome to covered california. the place to find quality, affordable coverage. financial help for those in need. and nobody can be denied because of a pre-existing condition. enroll now at coveredca.com. seems appetites for electronics are as healthy as ever. they estimate we'll spend $66.5 billion during the up kming holiday season. that's 3% more than last year. what could we possibly want that we don't already have? 7 on your side's michael finney has the answer. ♪ ♪ >> reporter: jim berry of the consumer electronics association is showing us a way to listen to

music. >> starts at under $40. >> reporter: it's a wireless speak that are looks like a kids' toy. so light you can take it anywhere. pull out your ear buds and let everyone hear your tunes. >> there will be a lot of folks giving or getting wireless speakers or head sets for the music they carry around on a smart phone or tablet. >> reporter: he shows us the wireless headphones called aftershock, you wear them in front of your ears sound is conducted through the bone so you can still hear what is around you. they cost about $100. >> if you like to list to music through a head set, you can hear the music. >> reporter: this year there are more choices for phones and tablets and while they are getting thinner and lighter little screens are expanding. >> a lot of folks like the bigger screens. >> reporter: this is a blend of phone and tablet from lg and has

a 5-inch screen for better viewing and sells for the $99 with a contract or $440 by it self- >> a lot of people thought these were too big for a phone but they are selling millions. >> reporter: another cover but protects but lets you use the touch screen. this is waterproof. the cost about $3. to tablet is wearing the life proof case that protects against water and cracks. >> you'll see tablets, smart phones, games, tvs. >> reporter: what do we really want? adults put tablet computers at the top of the wish list and next lab tops and flat panels and video game consoles and number two smart phones and throw laptops. the survey found we may not get all we wish for. here is what we plan to give to others. number one on the list is

headphon headphones, gadget cases came in second and tablet computers are third. then smart phones. just 19% plan to buy their kids those video game consoles. this was a 20th annual consumer electronics survey. to show how far we've come, here is what made the list 0 years ago, a color tv, a vcr and a cordless phone. remember those? >> barely. coming up next, a baby's reaction to a mom singing.

i love watching tv outside. and why can you move the tv out here? the wireless receiver. i got that when i switched to u-verse. but why? because it's so much better than cable. it's got more hd channels, more dvr space. yeah, but i mean, how did you know? i researched. no, i-i told you. no. yeah! no. the important part is that you're happy now. and i got you this visor. you made a visor! yes! that i'll never wear. ohh. [ male announcer ] get u-verse tv for just $19 a month for two years

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here is a live look at boston where red sox fans are celebrating after dpeeting the cardinals. police did not see significant problems but ready for post game celebrations should they get out of hand. the red sox won three world series in a decade but have not won at home since 1918. people were down in the street having fun so far. not aware of problems in boston. sports director larry will have more on the game, highlights in just a few minutes in sports. but now to the great piece of videotape. it's a mom singing to her emotional baby and it's gone viral on youtube, watch. ♪ ♪

>> okay. look at that sweet face. this 10 month old tears up and gets emotional when her mom sings rod steward's song. her mom can't explain why her daughter marry lynn only reacts to that one particular song. you can see the whole video on our website under see it on tv and join the conversation on facebook at facebook.com/abc news. >> i make many people cry when i sing. >> really touch sglg isn't that sweet? >> really sweet. sweet weather conditions, clear skies and cool outside now. it will be mild again tomorrow and this isn't moving so just bare with me here. i'll get things going shortly. let see. no time. you're right. let see if i can fast forward

this to the seven-day forecast. i'll move back to the desk -- here, just come over here. we'll have sunny skies tomorrow across the bay area and high temperatures in the low to mid 70s around the bay and inland locations and mid 60s around the coast, lovely weather and halloween, lovely weather for trick or treating and friday warmer and right into the weekend. >> i would rather watch the joy on your face as you describe it than see a silly -- >> i'm a joyful guy. >> the computers was your trick or halloween -- >> certainly not a treat. the clicker, i'll fix it. >> here we go. >> you know what? this is the traffic clicker. >> this is your weather clicker. >> yeah. >> well -- [ laughter ] >> the clicker picker upper. >> we'll tell you the problem is between the keyboard and the

chair. >> yes -- >> anyway, at least we got this all fixed and cleared up. we don't have to call engineering. the warriors blowing out the lakers in the opener. fix your gadget spencer. one season begins another and the re

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coming up tonight on abc news 7, thousands gather after a 13-year-old boy holding a toy gun is shot and killed by a deputy. not quite the lay overpass jers on one flight was expecting. why their plane was forced to land on a remote island. that and more at 11:00 on channel 7. baseball, and warriors. >> we'll start with the end of the baseball season from worst to first. they completed the turn around

tonight against st. louis. first time the sox won at home since 1918 and boston was ready for this. the fenway faithfully waiting a long, long time. michael was untouchable this post-season but no answer for the flying hawaiian. brings everybody home with a double high off and jonny gomes racing home and he is safe for a 3-0 lead. red sox 10-1 this post-season when gomes started for posten. in the fourth another mistake and it is crushed by stephen drew 4-1. boston three in the third and victorino, the fourth rbi, 6-0 and celebrated. 6-1 game in the ninth and finishing it off against matt carpenter. >> for 95 years, the red sox are world champions.

>> boston's third world title. david ortiz, the series mvp. >> past couple years you see guys like the giants win the world series without having the one guy, you know, everybody come in and do something special. the series in the last couple years have been pretty much like that. >> the warriors open a new season with grand expectations tonight and did not disappoint. a game at or kill, barns hasn't played in three weeks because of a foot injury. didn't miss them, andre iguodala on fire in the first half. transition and the owner loving it. jordan, you got to guard this g guy everywhere from way out. jermaine o'neillike a dunk-

dunk-o-thon. kobe rehabbing still. up to david lee pick and 25 and warriors, the steal and leading the break and the give to clay who had 27 points at the half, more of the same until the third and david lee touch pass and they cruise 125-94 and will host the clippers tomorrow night. allen i'ver von retiring. iverson witnessed the newest youngke carter williams. miami would rally. got it to end the third but philly gets it done. carter williams get out of syracuse rips lebron 114-110 the

final in philadelphia. kevin garnett in black and white. working in cleveland. back on the court after missing last season only hoop of the game. ex warrior came along with kg and the trade from boston. tied at 91 anderson hits as cleveland opens with a 98-94 victory. the sharks continuing the road trip in l.a. facing the kings who you recall knocked them out of the play-off. san jose with a record 10-1-1 best record in the league. how is this for a start? 13 seconds in, 1-0 sharks in a flash. 1-1 game. tommy gets a stick on the slide and pass joe and point blank range. 2-1 sharks, second period, a

blast, jared redirected and tied at two. late in the second sharks on the power play and joe, jason, patrick to logan for his seventh but the kings have tied it up 3-3 late in the third. raiders, they beat one pennsylvania team in pittsburgh last sunday, can they beat another in philadelphia this sunday to improve to 4-4? after leading 21- 3 they held on for dear life down the stretch to beat the steelers. they have to improve on third down in the passing game and terrelle pryor knows it. >> tom bray dehad it this week. it happens, we're not dwelling on that. we can make a lot of plays and a lot of plays to be had. >> eagles reeling so this would be great if the raiders could finish the first half of the season 4-4. >> remarkable. >> thanks. >> that's this edition of abc

- hmm. shirley, did you ever date roger ebert? - excuse me? - nothing. britta, did you ever take pictures of your feet and post them on the internet for money? - sha-ha! no. - guys, this history final is going to be killer.